Unauthorised Use of ‘HALDIRAM’ and ‘HALDIRAM BHUJIAWALA’ Marks by Defendants Constitute Infringement and Passing Off, Marks Declared Well-Known” – Delhi High Court

In a landmark judgment, the Delhi High Court has declared the marks ‘HALDIRAM’ and ‘HALDIRAM BHUJIAWALA’ as well-known trademarks, granting significant relief to Haldiram India Pvt. Ltd. in their suit against Berachah Sales Corporation & Ors. Justice Prathiba M. Singh observed that the unauthorized use of these marks by the defendants constituted infringement and passing off, thereby granting a permanent injunction against the defendants.

The Court focused on the infringement of trademarks, observing that the unauthorized usage of Haldiram's registered trademarks ‘HALDIRAM’ and ‘HALDIRAM BHUJIAWALA’ by the defendants for identical services satisfied the triple identity test, establishing infringement.

Haldiram India Pvt. Ltd. alleged that the defendants were infringing upon their registered trademarks and passing off their products as those of Haldiram’s. The issue revolved around the unauthorized use of the ‘HALDIRAM’ and ‘HALDIRAM BHUJIAWALA’ marks by the defendants on a variety of food products and related materials.

Infringement Analysis: The Court noted the long usage and recognition of the ‘HALDIRAM’ marks, underscoring that allowing the defendants to use similar marks would severely impinge upon Haldiram's rights.

Well-known Trademark Declaration: The Court declared ‘HALDIRAM’ and ‘HALDIRAM BHUJIAWALA’ as well-known trademarks, considering their duration, extent of use, advertising, and substantial recognition.

Damages Assessment: Haldiram was awarded damages of Rs. 50 lakhs for the infringement by the defendants, with an emphasis on compensatory and exemplary damages due to the significant impact on Haldiram’s reputation.

Costs Awarded: The Court also awarded costs of Rs. 2 lakhs to Haldiram, taking into account their legal expenses and efforts in protecting their trademarks.

Decision: Granting a decree of permanent injunction, the Court restrained the defendants from using the ‘HALDIRAM’, ‘HALDIRAM BHUJIAWALA’, or any deceptively similar marks. The well-known status of the trademarks ‘HALDIRAM’ and ‘HALDIRAM BHUJIAWALA’ was affirmed, providing broader protection against misuse.

Date of Decision: April 2, 2024

HALDIRAM INDIA PVT. LTD vs BERACHAH SALES CORPORATION & ORS